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Illinois Senate Floor Debate — May 1, 2008

95th General Assembly (2007-2008) · Legislative day 152 · Regular Session
Chamber
Senate
General Assembly
95th (2007-2008)
Date
May 1, 2008
Legislative day
152
Session
Regular Session
Speaker turns
128
Original
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Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The regular Session of the 95th General Assembly will please come to order. Will the Members please be at their desks? Will our guests in the galleries please rise? The invocation today will be given by John Stanford {sic} (Standard), Pastor of Springfield Bible Church, Springfield, Illinois. Pastor Stanford.

PASTOR JOHN STANDARD

(Prayer by Pastor John Standard)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Please remain standing for the Pledge of Allegiance. Senator Maloney.

Edward D. Maloney (D)

(Pledge of Allegiance, led by Senator Maloney)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Reading and Approval of the Journal.

Deborah Shipley

Senate Journal of April 30th, 2008.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne.

James F. Clayborne Jr. (D)

Mr. President, I move that the Journal just read by the Secretary be approved, unless some Senator has additions or corrections to offer.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Clayborne moves to approve the Journals just read by the Secretary. There being no objection, so ordered. Will all Members under the sound of my voice please come to the Senate Floor? We’re about to go to substantial Senate action. 1 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 Will all Members under the sound of my voice please come to the Senate Floor? Would all administrative assistants please direct your Senator to the Senate Floor? Madam Secretary, Resolutions.

Deborah Shipley

Senate Resolution 684, offered by Senator Peterson and all Members. And Senate Resolution 685 and 686, offered by Senator Lauzen and all Members. They’re all death resolutions, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Resolutions Consent Calendar. Madam Secretary, Committee Reports.

Deborah Shipley

Senator Forby, Chairperson of the Committee on Labor, reports House Bills 4583 and 5760 Do Pass and House Bill 773 Do Pass, as Amended. Senator Demuzio, Chairperson of the Committee on State Government and Veterans Affairs, reports House Bills 2254, 4165 and 4527 Do Pass. Senator Haine, Chairperson of the Committee on Insurance, reports House Bill 4255 Do Pass. Senator Lightford, Chairperson of the Committee on Education, reports House Bills 1054 and 4705 Do Pass. And Senator Collins, Chairperson of the Committee on Financial Institutions, reports House Bills 1361 and 4191 Do Pass.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, Messages.

Deborah Shipley

2 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 I have a Message from the House by Mr. Mahoney, Clerk. Mr. President - I am directed to inform the Senate that the House of Representatives has passed a bill of the following title, in the passage of which I am instructed to ask the concurrence of the Senate, to wit: House Bill 1223. We’ve received like Messages on House Bills 2769, 2862, 4289, 4401, 4461, 4470, 4683, 4686, 4767, 4771, 4789, 4807, 4822, 4836, 4900, 5191, 5200, 5231, 5278, 5503, 5521, 5618 and 5701. All passed the House, April 30th, 2008. Mark Mahoney, Clerk of the House.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will all Members under the sound of my voice please come to the Senate Floor? There will be a Rules Committee meeting in a few moments. Will the Members of the Rules Committee please prepare to come to the President’s Anteroom. Madam Secretary, Introduction of Bills.

Deborah Shipley

Senate Bill 3038, offered by Senator Noland. (Secretary reads title of bill) 1st Reading of the bill.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Rules Committee will meet immediately in the President’s Anteroom. The Rules Committee will meet immediately in the President’s Anteroom. Madam Secretary… Okay, we’re going to hold Rules for a few moments while the Secretary finishes. Introduction of Bills. House Bills 1st Reading.

Deborah Shipley

3 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 House Bill 2769, offered by Senator Harmon. (Secretary reads title of bill) House Bill 4862 {sic} (2862), offered by Senator Garrett. (Secretary reads title of bill) House Bill 4215, offered by Senator Cullerton. (Secretary reads title of bill) House Bill 4461, offered by Senator Haine. (Secretary reads title of bill) House Bill 4470, offered by Senator Kotowski. (Secretary reads title of bill) House Bill 4683, offered by Senator Noland. (Secretary reads title of bill) House Bill 4767, offered by Senator Garrett. (Secretary reads title of bill) House Bill 4766, offered by Senator Althoff. (Secretary reads title of bill) House Bill 4807, offered by Senator Dahl. (Secretary reads title of bill) House Bill 4900, offered by Senator DeLeo. (Secretary reads title of bill) House Bill 5108, offered by Senator Kotowski. (Secretary reads title of bill) House Bill 5191, offered by Senator Steans. (Secretary reads title of bill) House Bill 5231, offered by Senator Clayborne. (Secretary reads title of bill) House Bill 5278, offered by Senator Link. (Secretary reads title of bill) House Bill 5503, offered by Senator Harmon. 4 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 (Secretary reads title of bill) House Bill 5521, offered by Senator Forby. (Secretary reads title of bill) House Bill 5543, offered by Senator Dahl. (Secretary reads title of bill) And House Bill 5701, offered by Senator Martinez. (Secretary reads title of bill) 1st Reading of the bills.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Rules Committee will meet immediately in the President’s Anteroom. Will the members of the Rules Committee please come to the President’s Anteroom? Senator DeLeo or Martinez to come to the Chair. All the members of the Rules Committee, come to the President’s Anteroom. Will the Republican Members of the Rules Committee please come to President’s Anteroom? We are on a -- this is get-away day. You know what today is. Senator Iris Martinez in the Chair.

Iris Y. Martinez (D)

PRESIDING OFFICER: (SENATOR MARTINEZ) Senator Hendon in the Chair.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) While the Members are gathering, I want to remind you that the House/Senate softball game is coming up in two weeks. And next week will be our practice game against the lobbyists on Wednesday. So bring your -- your workout clothes, your gym clothes. Put the BENGAY on over the weekend so those old bones will be ready to go. That -- that’s the wonderful thing: We need everybody - bipartisan cooperation. Senator Hultgren, for what purpose do you seek recognition, sir?

Randall M. Hultgren (R)

5 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 Thank you, Mr. President. Point of personal privilege.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) State your point, Senator.

Randall M. Hultgren (R)

Thanks, Mr. President. I’m happy to have a special guest with me today, Philip Farmer. Philip is a good friend of mine. Lives just a little bit south of my district, but has been down here all week with a group called TeenPact. They actually used our Chamber on Monday. It’s a wonderful organization of high schoolers that come here -- down and spend a week learning about government and being involved in -- the government process down here. So, Philip is one of the leaders of that organization. I’m very thankful to have him down here tonight. Please give a welcome to Philip Farmer.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Let’s welcome the young man to the Illinois Senate. Welcome, Philip. I shared the elevator with him earlier and commented on his dapper attire. He could be from the west side. Madam Secretary, Committee Reports.

Deborah Shipley

Senator Halvorson, Chairman of the Committee on Rules, reports the following Legislative Measures have been assigned: Be Approved for Consideration - Floor Amendment No. 2 to Senate Joint Resolution 90. Senator Debbie Halvorson, Chairman. May 1st, 2008.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Leader Watson. Leader Watson, are you seeking recognition, sir?

Frank C. Watson (R)

6 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 Yes, I -- a point of personal privilege. I was going to introduce a -- a friend of ours, Randy Wells, who was just sitting in the gallery behind us here. He’s one of the stars on the Sam Madonia Show on 1450, here in the morning, but it looks like he left. So, I -- I was going to recognize the fact that he took the time to be with us here today.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Leader. Senator Risinger, for what purpose do you seek recognition, sir?

Dale E. Risinger (R)

Thank you, Mr. President. Would you let the record show that Senator Lauzen is in Philadelphia on State business today? And also the Republicans would like to have about a fifteen- minute caucus in Leader Watson’s Office.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Okay. That is always in order. We’re going to go to the Order of Resolutions and then we’ll give you your caucus. Senator Garrett, for what purpose do you seek recognition, ma’am?

Susan Garrett (D)

Yes, thank you, Mr. President. For purpose of making an announcement.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Go right ahead.

Susan Garrett (D)

Thank you. I am very proud to say that New Trier High School is well represented today with Sean Clemenz and her class and they’re right up there in the gallery. Please give them a very warm welcome to Springfield. 7 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Will our guests please rise and be welcomed to the Senate from New Trier High School? Welcome to the Illinois Senate. We’re now going to go to the Order of Secretary’s Desk - page 13 on your Calendar - Resolutions. Senator Clayborne, on Senate Joint Resolution 65. Senator… Senator Jones, on Senate Joint Resolution 76. Senator Jones, on Senate Joint Resolution 82. Senator Lightford, on Senate Joint Resolution 90. On the Order of Secretary’s Desk is Senate Joint Resolution 90. Senator Lightford, do you wish to -- your resolution considered? Madam Secretary, are there any amendments approved for consideration?

Deborah Shipley

Senate Joint Resolution 90. No committee amendments. I have Floor Amendment No. 2, offered by Senator Lightford.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Lightford moves adoption of Floor Amendment No. 2 to Senate Joint Resolution 90. All those in favor will say Aye. Opposed, say Nay. The Ayes have it, and the amendment is adopted. Madam Secretary, have there been any further Floor amendments approved for -- have there been any further amendments approved for consideration?

Deborah Shipley

No further amendments reported.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Madam Secretary, please read the resolution.

Deborah Shipley

Senate Joint Resolution 90, offered by Senator Lightford.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 8 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 Senator Lightford.

Kimberly A. Lightford (D)

Thank you, Mr. President and Ladies and Gentlemen of the Senate. Senate Joint Resolution 90 is our School Code mandate waiver requests, denials and modifications. There were one hundred and nine School Code waivers that were requested. Of that number, we have decided to modify twenty-one of them. Many of them dealt with the substitution of a portion of the six hours required behind the wheels for the computer simulators. We’ve decided to allow that waiver to be approved for one year so that we do not put those school districts in a uncompromising position. There’s also waivers seeking physical education requirements in place of additional coursework for students. The resolution approves two five-year requests for one year only, concerning the general State aid calculations and also driver’s education fee increases are capped at two hundred fifty dollars. I -- and I’d be happy to answer questions of Members.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? Seeing none, this resolution -- Senator Lightford moves the adoption of Amendment No. -- Senator Lightford moves adoption of Senate Joint Resolution 90. This resolution regarding the school waivers requires a record vote. Those in favor of Senate Joint Resolution 90 will vote Aye. Opposed, vote Nay. And the voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 48 voting Aye, 1 voting Nay, none voting Present. On the -- the resolution is adopted. Senator Harmon, on HJR 49 -- oh, I’m sorry. Senator Millner.

John J. Millner (R)

9 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 Thank -- thank you, Mr. President. Would the record please show that I voted -- tried to vote Yes on the bill, but the key wasn’t turned on?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect.

John J. Millner (R)

Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Harmon. No? Okay. There will be -- a Republican Caucus has been requested. That caucus will go from now till ten minutes after twelve. Fifteen minutes was requested. We will be back - be on time - for substantial business at ten after twelve. Senate will stand in recess till ten after twelve - to the call of the Chair. (SENATE STANDS IN RECESS/SENATE RECONVENES)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Senate will come to order. Being that the hour is ten minutes after twelve, the Republican Caucus should be ending and we’re going to go back to substantial Senate business. With leave of the Body, the Chicago Tribune has requested leave to take still photos. Is leave granted? Leave is granted. Will all Members under the sound of my voice please come to the Senate Floor? Would all Administrative Assistants please direct your Senator to the Senate Floor? It is now twelve minutes after noon. Will all Members on the -- in your offices please come to the Senate Floor? The Republican Caucus should be over and we’re going to start with substantial Senate business as 10 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 soon as they return to the Senate Floor. Republican Members have returned to the Senate Floor, so now I’m looking for Democrats to return to the Senate Floor. We’re about to go to substantial Senate business. The Republicans have returned to the Senate Floor. We appreciate them being prompt and efficient. So, all Members under the sound of my voice, come to the Senate Floor. Senator Kotowski, for what purpose do you seek recognition, my friend?

Dan Kotowski (D)

Thank you, first and foremost, for mostly pronouncing my name correctly today, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The K got stuck in my mouth yesterday, that’s all.

Dan Kotowski (D)

Yes. Point of personal privilege.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) State your point.

Dan Kotowski (D)

Well, it gives me great pleasure and honor to introduce a couple of our finest who represent the Elk Grove area, Elk Grove Police officers. One of ‘em, Russell Sullivan, I’ve known since I was a child. We went to Daniel Boone School in Rogers Park together. He is a -- a terrific person. He’s been a lifelong friend and he’s devoted his life to looking out for our public safety, to ensuring -- that make sure that we have a secure environment to live in. And he’s joined here by his compatriot, Mike Patras, who’s a patrolman, as well, at Elk Grove. And they’re here for the law enforcement memorial. And I think it’s very important for us to recognize their service for what they 11 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 do for us to keep us safe. And the fact that we’re honoring law enforcement officers who’ve given the ultimate sacrifice for us to make sure that we’re safe and secure and we have a great quality of life is a true testament to the kind of work that they do. I’m just so honored to have Russell here and his partner. And Russell, because I’ve known him my entire life, he said to me earlier that I beat him up when I was a child, but, look, he’s twice my size now. I don’t even think that I would even come close to him. But he’s a great friend, a great human being. And would you please give my good friends and representatives from Elk Grove, members of our law enforcement community, a tremendous Springfield welcome?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Welcome to the Illinois Senate. Welcome, the brave men and women who are here from the law enforcement community. Welcome to the Illinois Senate. And, Senator Kotowski, he could now arrest you, so we want to keep that in mind. Senator Link, for what purpose do you seek recognition, sir?

Terry Link (D)

Thank you, Mr. President. A couple announcements, but I’m glad to see Senator Kotowski has some protection on the Floor. But… First of all, Senator Forby is back home in his district today because his wife is having surgery and Senator Sandoval is not here today due to district business.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The record will so reflect. We will now proceed to the Order of Resolutions on the Consent Calendar. With leave of the Body, all those resolutions read in today will be added to the Consent Calendar. Madam Secretary, are there any objections 12 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 filed to any resolution on the Consent Calendar?

Deborah Shipley

No objections filed.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Is there any discussion? If not, the question is, shall the resolutions on the Consent Calendar be adopted. All those in favor will say Aye. Opposed, say Nay. The Ayes have it. The motion carries and the resolutions are adopted. We will now go -- page 13 on your Senate Calendar. On the Order of Constitutional Amendments 3rd Reading is Senate Joint Resolution, Constitutional Amendment, 70. Senator Cronin, do you wish your resolution considered? Madam Secretary, please read the resolution, as amended, in full for the third time.

Deborah Shipley

Senate Joint Resolution 70, Constitutional Amendment, as Amended by Senate -- Senate Amendment No. 1. (Secretary reads SJRCA No. 70, as amended by SA No. 1) 3rd Reading of this constitutional amendment.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) WICS seeks leave to videotape. Is leave granted? Leave is granted. The AP requests leave to take photos. Is leave granted? Leave is granted. Senator Cronin.

Dan Cronin (R)

Thank you, Mr. President. Thank you very much. Here we are, we have an opportunity to do something very, very meaningful. The first time we’ve had to do something meaningful here in a long, long time. Ladies and Gentlemen, this is your opportunity to really and truly change State government. You come down here; you tell your constituents that you’re here to 13 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 change the world. You come down here and say that you want to make life better for the people you represent. You come down here and you say you want to be responsive and responsible. Well, this is it, Ladies and Gentlemen. This is it. H -- or, SJRCA is identical to HJRCA 28, which was sponsored by my colleague, Representative Jack Franks, in the House. SJRCA 70 that is before us here does four things, generally. Number one, it allows for judges -- it does four things differently than S - - than the House resolution. Number one, it allows for judges and salaried elected officials of units of local government would be -- would be covered, would be included. Number two, it specifies that the intent affidavit to recall must be filed by an elector of the district of the person being recalled. Number three, judges cannot have an intent affidavit filed for recall unless the Judicial Inquiry Board has filed a complaint against that judge, and that’s very important. And number four, the Governor and Lieutenant Governor will be recalled together. I’m delighted to join my colleague, Senator Hendon, in promoting this piece of legislation. We have some intent, legislative intent, that needs to be read into the record, and I’m happy to answer some questions. Let me lay out a few of the salient features, a summary of the time line of the recall election. We can get into details and -- and this is the summary. It is as follows: Number one, to initiate a recall, a filing of an affidavit with the State Board of Elections providing notice of intent to circulate petitions to recall an officer or a member. That’s the first step. Number two, petitions must be filed within a hundred and sixty days after filing the intent affidavit. Number three, any objection may be made to the 14 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 recall petition within forty-five days after they are filed. Number four, successor candidates have forty days after the recall petitions are filed to file their own petitions. A nominating petition may be objected to. Number five, State Board of Elections shall certify the recall question and validate nominating petitions for successor candidates within a hundred and five days after the recall petition is filed. Number six, the recall and successor election shall be held not less than sixty days and no more than a hundred days after the date of certification of the recall petition. With respect to the issue, I know that judges have registered an objection and their opposition to this provision. With all due respect to the judges, we have gone to great lengths to preserve the independence of the judiciary. There is a provision in this bill that -- that empowers the Judicial Inquiry Board. They serve as sort of the gatekeeper. And -- and it -- a recall proceeding can only be initiated against a judge upon a complaint by the Judicial Inquiry Board. And let me explain that, Ladies and Gentlemen. People who appear in court, attorneys that may have interaction with judges, they can file a complaint against a judge and that complaint is filed with the Judicial Inquiry Board. Judicial Inquiry Board can respond to that complaint in a number of different ways. They may investigate it. After an investigation, they may issue a complaint against the judge. They can also come up with their own disposition. A complaint against the judge could be the fifth level of disposition. They could -- they could do a -- a reprimand or they could do a warning or they could do a no action. As a practical matter, complaints against judges is a 15 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 very, very rare thing, and the complaint that we’re talking about that would -- that would be necessary to initiate a recall petition is a complaint issued by the Judicial Inquiry Board, not a complaint by some citizen or attorney. So, please be mindful that nothing can proceed without the assent of the Judicial Inquiry Board, which is a body that is influenced and comprised of people that serve at the pleasure of the courts. Secondly, I -- I have some legislative intent. If somebody wants to ask me a question about what would be the signature requirement to file petitions to recall a judge, I’d like to answer that question, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you, Senator Cronin. Is there any discussion? Senator Trotter.

Donne E. Trotter (D)

Thank you very much, Mr. President, Members of the Senate. I move the previous question.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Trotter moves the previous question. There are eight speakers and these will be the only eight speakers to be recognized. On the bill -- Senator Trotter, to the -- to the bill.

Donne E. Trotter (D)

Yes, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Or if you have questions of the sponsor or to the bill.

Donne E. Trotter (D)

Yes. Mr. President, to the bill. There’s been a whole lot said about this bill and most of that’s been said has -- has 16 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 been a lot of hype. Since 1870, when we first ratified our first Constitution and those founding fathers put forth and put it together, a plan, they said that they believed there should be one man, one vote. This negates that whole notion of our Republic and of our democratic State. This bill allows individuals to have two bites at the apple. It allows individuals who can’t win an election, which is the fair way in which you should get these offices, allows them to come back, because they don’t like something you said or something you did, to gather petitions to knock you out of your seat where the majority of the individuals voted for you to be their voice here in the legislature. This is by far not a good bill. But as Representative Franks said, it’s a better bill than the one he had before. And we agree because at least there’s a sense of fairness in this bill. That means everybody’s included. But even with that fairness, it is still not a good bill and I ask all of my Members to vote No.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Chair would appreciate succinct questions, answers or comments. This is get-away day. Senator Brady. Senator -- Senator Brady.

Bill Brady (R)

Thank you, Mr. President. To the constitutional amendment: First of all, I want to thank President Jones. There’s a lot of ways he could have killed this and one of them would have been to not bring this up. I haven’t had many proud days on this Floor in the last couple years, but this is one of ‘em. Senator Jones, I am thankful for you allowing this issue to be brought up. Whether or not you vote against it or not, at least we’ll 17 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 all be held accountable for what we do here today. Ladies and Gentlemen, I can only tell you, as I travel through this State and I have visited with people in my district, this is a no- brainer. Ninety percent of the people of Illinois believe that they ought to have the right to recall a Governor, whoever that is. This will pass overwhelmingly if we give it to the voters. The people of Illinois understand that there is a process of removal under impeachment. But they also are frustrated that we don’t afford them the same opportunity that states like California and other states do to remove a elected official who is incompetent. Whether or not you believe Governor Blagojevich is incompetent or not, this simply gives the people the right they deserve. At first, I will tell you, I was reluctant. I’m always reluctant to change the Constitution. Yes, it’s a document that we all agree should be changed when necessary, but with caution. But when you look at other states in this nation that offer this privilege to their citizens, it has not been abused. And the people of Illinois deserve our trust that they will not abuse this. You may be against recalling Governor Blagojevich, but that is still not a reason to vote against this constitutional amendment. I ask you to represent the people you were elected to represent and vote to give them a voice to recall incompetent elected officials. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The Chair appreciates you being straight to the point. Senator Raoul.

Kwame Raoul (D)

Question for the sponsor.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 18 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 He indicates he will yield for a -- a few questions. Senator Raoul.

Kwame Raoul (D)

Just a few. In -- in this amendment, is there any cause requirement for somebody to bring a petition for recall? Can somebody bring a petition for recall of an elected official if, for example, an elected official spilled a glass of water on him or something like that?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) …Cronin.

Dan Cronin (R)

The whole process is empowering people, Senator Raoul. And to gather the hundreds and thousands of signatures that are going to be required to put this question before the voters - the -- the effort that is necessary to actually remove a governor -- I -- I mean, the experience in eighteen other states, this has been used very, very sparingly. So, the -- the rather flippant example that you use is -- is really a -- is really a -- it’s just silly and irrelevant.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul.

Kwame Raoul (D)

I don’t believe I -- I -- I got an answer to the question. Is there any cause requirement? Can somebody bring a petition for recall, not only of the Governor, but any legislative office or a judge or local officer, for any reason whatsoever, just because they woke -- woke up on the wrong side of the bed?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin. 19 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008

Dan Cronin (R)

You’re darn right. There -- no way a recall petition drive and proceeding could move forward without there being meaningful and significant cause and causes, incidents of corruption and incompetence. Those are issues that will be debated as the petitions are circulated. You’re darn right there’s going to be a -- there’s a cause requirement and we got plenty of cause here in Illinois.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, to the bill, sir.

Kwame Raoul (D)

Where in the bill is the cause requirement? Can you read me that provision?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, you -- that’s been asked and answered. To the -- do you have a different question or do you want to come to the bill, sir?

Kwame Raoul (D)

I -- I actually want my -- my question answered. He hasn’t answered my question. It’s been asked twice, but it has not been answered. I asked whether within the bill there’s a cause requirement and he’s been talking around my question. He has not yet answered my…

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, I’m going to treat Democrats and Republicans the same today. Your question was asked. If he -- you asked it twice. If he does not decide to answer it, I’m not going to allow you to keep asking the same question. Do you have a different question or would you like to speak to the bill, sir? 20 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 Senator Raoul.

Kwame Raoul (D)

I have a different question.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Go right ahead. Senator Raoul.

Kwame Raoul (D)

With regards to the signature thresholds, do the signature thresholds differ for different legislators depending upon what the turnout in that particular legislator’s district was in that particular previous election?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.

Dan Cronin (R)

There’s a -- there’s a uniform threshold and it’s twenty percent of the votes cast for that office in that particular district. So the -- the actual numbers could be different, but it’s fair and it’s -- the -- the threshold is the same, in that it’s twenty percent.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, to the bill, sir.

Kwame Raoul (D)

I have a question with regards to the Judicial Inquiry Board.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, your time -- this will be your last question, sir. But your time -- you’re over the time. I’m treating Democrats and Republicans with equal opportunity time limits. Senator Raoul, your final question, sir.

Kwame Raoul (D)

21 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 You mentioned that the Judicial Inquiry Board would have to bring a complaint. You -- doesn’t Judicial Inquiry Board have the power to remove judges? And so why would we -- why would we have -- if the Judicial Inquiry Board is bringing a complaint, aren’t they more qualified to make the judgment as to whether a judge should be removed?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.

Dan Cronin (R)

I -- I don’t know the Judicial Inquiry Board has ever removed a judge from the bench, but I could be wrong on that. Number two, there’s time considerations. And number three, the Judicial Inquiry Board maintains the ultimate discretion and -- and -- and can make decisions whether or not there would ever be a judge exposed to a recall proceeding. So they have ultimate independence and they have ultimate discretion here. And I think that preserves the independence of the judiciary.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Raoul, to the bill, sir.

Kwame Raoul (D)

…the bill: Mr. President, Ladies and Gentlemen of the Senate, I’ve watched over the three and a half years that I’ve been here a legislature and a State government become paralyzed. Become paralyzed, as I mentioned earlier this week, because many of us are afraid of our next election. Well, guess what? You add recall to the mix, we won’t be able to do anything down here. There are other states that do, in fact, put a cause requirement into the recall amendments. The State of Georgia does that. That makes sense. That makes sense. But as this 22 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 amendment is presented - Senator Cronin didn’t answer my question, but I’ll answer it - this provision doesn’t have anything with regards to cause. So any of us could just walk by somebody, bump into them, and that person decide, oh, I’m going to start -- go into that person’s district - and they may be nowhere near your -- near your district - and start petitioning for recall. We consider thousands of pieces of legislation here. On many of those pieces of legislation, there are people who advocate on both sides. It may be one decision that we made in -- in good conscience that offends somebody hundreds of miles away from our district. That person decides to use their resources, if they have ‘em, to come into your district to petition your voters to -- to recall. And if you happen to have had a lower turnout in your district -- it’s unlike the even threshold we have when we run for office, where we all have to get the same number of signatures; this recall provision is unfair because the threshold is lower if you have a lower turnout. Let’s use our common sense. Let’s not paralyze ourselves any worse than we are already paralyzed because we’re afraid of our next election. Vote No.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter.

Dale A. Righter (R)

Thank you, Mr. President. To the resolution, please. Ladies and Gentlemen of the Senate, the question before us today, with all due respect to some of the previous speakers, is not whether or not this amendment, this proposed amendment, is perfect in its writing or is good policy. The question really before this Body is not whether this amendment would negate the 23 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 principle of one man and one vote, because, with all due respect to the previous speaker, it clearly does not. The question before this Body today is whether or not all of us are willing to let the people have a say on amending the Constitution. You can all go out - if this gets on the ballot - you can all go out and say, I think it’s a bad idea or I think it’s a good idea. The question today is whether or not you are afraid to let them have their opinion and have their say at the polls in November. Ladies and Gentlemen, the temperature across Illinois insofar as the voters’ patience is going up a little bit every day. Another story about deficit budgets, another headline about corruption in government - the voters are growing more and more impatient with what they view to be elected officials in Springfield who are not only not listening to them, but appear not to care what they think. This is an opportunity to let the people who vote in these elections and who pay the bills to have a say. We should let them have that say. Vote Yes on this. Thank you, Mr. President.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Thank you. The -- the Chair is courteous enough to allow House Members on the Floor, but we would appreciate if you would keep the -- your conversations to a minimum. Senator -- oh, WAND seeks leave to videotape. Leave is granted? Leave is granted. WTTW seeks leave to videotape. Is leave granted? Leave is granted. Metro Networks seek leave to take photos, still photos. Leave granted? Leave is granted. Senator Dillard.

Kirk W. Dillard (R)

Thank you, Mr. President. If the sponsor would yield for a 24 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 question for legislative intent, please.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Sponsor indicates he will yield. Senator Dillard.

Kirk W. Dillard (R)

Senator Cronin, what would be the signature requirement to file petitions to recall a judge?

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin.

Dan Cronin (R)

Why, thank you, Senator Dillard, for asking me that question. Thank you. The -- that question -- because of that - - there have been a few concerns raised regarding the signature requirement for judges. In Section -- subsection (d) of the constitutional amendment - that -- that’s the -- the -- the focus - the provision that has raised some questions. I would like to make it explicitly clear for the Members here today and for the record that any petition to recall a judge shall be signed by at least twenty percent of the electors who voted for the Office of Governor in the preceding election for which that office was on the ballot in that particular judge’s district, circuit or subcircuit. For example, if one thousand ballots were cast in a particular judicial district for the Office of Governor in the last election, a petition to recall a judge from that district would have to be signed by two hundred electors from that district. So the answer to your question is that it depends on the number of votes cast in that judge’s district, circuit or subcircuit for Governor and it would be twenty percent of those votes.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 25 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 Senator Dillard.

Kirk W. Dillard (R)

Thank you, Senator Cronin. To the constitutional amendment, if I may, Mr. President. Generally, I’m not a big fan of recalls, but I will tell you over the last month or so, my seatmate, Senator Cronin, who is sort of the father of the recall idea in this Chamber, as well as the Chicago Tribune, have done a lot to at least enlighten me and make me think very deeply about this subject. As it was pointed out by Senator Righter, the Constitution is different than statutes we may pass. It is the document of the people of Illinois and I think the people of Illinois ought to control the major document that runs this State. It’s their Constitution. It’s not the General Assembly’s Constitution. It’s the people’s Constitution and this is very different. And I think the people of Illinois ought to be able to amend it, up or down, this fall. I also had great trepidations with putting the judiciary - and I’m a lawyer - into a recall amendment. The judiciary is different than the Executive Branch or the Legislative Branch. A judge should not have their chain yanked, so to speak, if they make a very difficult but correct decision under the law. But whoever on that side of the aisle came up with using the Judicial Inquiry Board - maybe it was you, Mr. President - I think is -- is a good way. It’s a very good filter, a very high standard. So, as a lawyer, I am comfortable that the judiciary will still have the protections that maybe we in the Legislature and Executive Branch do not deserve. But this is essential. And for me, as somebody who’s been in State government, worked for a couple of governors, for more than two decades, it’s a sad day for 26 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 Illinois when it has come to this, where we have to ask the people of Illinois to put a recall constitutional amendment in our Constitution. It’s pretty clear, our government is broken, the gubernatorial administration is corrupt, and we got gridlock. And it’s pretty sad that we have to put this on the ballot, but this will give the people of Illinois, this November, a feeling that they once again actually can control their State government. And maybe we’ll get something done down here for the people of Illinois. Thank you, and I urge an Aye vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Jacobs.

Mike Jacobs (D)

Thank you, Mr. President. I guess it’s no secret that I’ve had my disagreements with the Governor of Illinois. You know, Illinois is losing population. We’re losing quality jobs. We have a seven-hundred-and-fifty-million-dollar budget hole. So I guess it’s only right that we’re here today to talk about recalling the leader. But in my opinion, the notion of recall is better suited for cars than the Governor of Illinois. I fear that recall will erode public confidence in elections. I fear recall will take away progress on the area of civil rights. And I feel that recall will take away anyone who dares push for human rights and equal rights. But most of all, I think the recall is a giant hoax. This bill won’t be in front of the voters until 2010. And only passing it then, by 2011 we have a chance to do what we want to do and that’s impeach the Governor of Illinois. At a time when Illinois faces a serious budget crisis, I don’t believe spending thirty-five million dollars to 27 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 recall the Governor is a good expenditure of money. In the end of the day - I’m almost there - at the end of the day, as a duly elected public official, I take my oath very seriously and I don’t think it makes a lot of sense to turn over my responsibility to govern Illinois to out-of-state petition seekers that are hassling clients at Wal-Mart to sign a petition, because that’s what, in effect, we’re doing. To those who claim that recall will give government back to the people, I’d only ask why you waited to kill government in Illinois before you offered it back to the people. Forget recall, the Governor should do the right thing and that’s called “resign”. That’s what the Governor should do. Mr. President, the people of Illinois cry out for leadership, not recall.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Further discussion? Senator Cullerton.

John J. Cullerton (D)

Thank you, Mr. President, Members of the Senate. Whatever merits this constitutional amendment had prior to the amendment that was put on, it -- it now no longer has merit in my opinion because of the amendment. It really was, in my opinion, a poison amendment. Just to refresh our memory, I want to talk about the issue of judicial independence. A number of years ago, we all voted to suspend our COLA and the COLA of the judges. And we -- I think we all voted for it - who was in the General Assembly at the time. Came to my attention after that, from judges, that the Constitution specifically says that you cannot reduce the salaries of judges while they’re sitting. And I actually passed the bill that reversed that action. Our Governor vetoed the bill and told the judges, “Sue me. You know 28 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 where the courtroom is.” Well, they were forced to do just that and, of course, the judges read the Constitution and ruled appropriately that we could not reduce their salary. And it stands, of course, for the proposition, and you can imagine how important it is, that we not see a judicial decision that we don’t like, run in here, reduce their salary down to a dollar. That obviously would interrupt the balance of power that we have in our three -- our Judicial Branch, Executive Branch and Legislative Branch. It would obviously intimidate judges, and as a result, it was the wrong thing to do. This is similar to that. And I know that there’s been a nuance with the Judicial Inquiry Board, but the fact is that we are turning over to an outside entity the ability to authorize that same threatening of the independence of the judiciary. This Judicial Inquiry Board exists and has the power to discipline and remove judges now, and that’s how it’s supposed to work. For us to intervene with that separate entity is the wrong thing to do. It -- it might be appropriate for us to say, you know, to the House’s version of this constitutional amendment, you know, you really should include all other elected officials. That’s -- that’s fine, but the judicial part is absolutely wrong. It’s unnecessary. We -- judges are different than we are. You know, we have the ability to pass laws that deal with the qualifications of judges, how they can conduct their -- their -- their campaigns and the like, but to allow for a judge to be intimidated and to have a chilling effect on their decision making because of this recall provision is the wrong thing to do. And for that reason alone, I am going to vote No. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) 29 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 Leader Watson.

Frank C. Watson (R)

Yes, thank you very much, Mr. President. First of all, I’d like to thank you and congratulate you on the fact that you’re treating Republicans and Democrats alike. I -- I realize that’s only today, but I -- I appreciate that very much. First of all, I -- I, too, want to echo what Senator Brady said, thanking Senator Jones for having the opportunity for us and the courage, I’d say, ‘cause that’s what I was prepared to talk about last time when I was going to speak about this issue, was the lack of courage of allowing us, the Illinois Senate, to vote on an issue such as this. So it looks as though we’re going to have that opportunity and I do want to thank President Jones for that. I -- I want to thank Representative Jack Franks who led the charge in the House. His bill’s not necessarily what’s being heard here today, but it is an option in case this bill does go down. There’s always that opportunity to revisit another piece of -- another constitutional amendment. And I’d also like to -- to say, Lieutenant Governor Pat Quinn - he -- I -- those of us who have sat in the Executive Committee and witnessed the debate that took place there, I -- I felt strongly for the way he handled himself. There was a lot of personal attacks. This is obviously not a popular thing among elected officials to be for. He’s been an advocate for this since the beginning. Since he started to get involved in politics, he’s been sincere and consistent about wanting this issue before the people of this State. So I think Pat Quinn certainly needs to be applauded for this effort. And then our colleague over here, Senator Cronin, who introduced this amendment. August 6 of 2007 is when this 30 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 recall amendment was introduced. And it was said that Senator Cronin has kind of led the charge on our side and in the Senate, as far as just giving the people the opportunity to be heard. And as I said, I really believed that this was going to be nothing more than a sham, this whole thing. And it still may play out that way, but at least for today and for right now, that’s not necessarily the case. And I think that we should applaud all of our Leaders, including Speaker Madigan, who has now said and has a schedule out that will allow for them to be here over the weekend to take up this amendment as it hopefully passes here in the Senate. So I applaud the Speaker also. I -- I don’t worry about this. I -- I -- some people have got up and -- talking about how this is going to be some sort of an effort just if somebody sneezes or gets up off the wrong bed -- side of the bed that there’s going to be an effort to recall all of us. I -- I don’t think so. I -- I -- we all are -- know our constituents and we do a job, and if we do it properly and we do it right, there’s not going to be any effort to do this to any of us in this -- in this Body or in the House, or even in -- a constitutional officer. This -- and this isn’t necessarily all about the Governor. It isn’t about the Governor necessarily; it’s about just giving the public the right and the opportunity to have a say in how we are going to be governed and who will do that. And if somebody’s not operating properly or not handling themselves in a manner in which most of us would -- would hope that they would, then why not have the -- the ability to recall someone? So I think this is the right thing to do. And I applaud Senator Cronin for -- having the courage to continue to fight for this and bring it forward. Now, I know that there’s 31 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 been some questions in regard to this version of this constitutional amendment - Senate Joint Resolution, Constitutional Amendment, 70. As you know, we have House Joint Resolution Constitutional Amendment 28 that is in Rules and we still have the opportunity. All we have to do, Mr. President, is act on it on this -- in this Body in the Senate. And our -- our caucus is willing to stay the weekend to make sure that if - - just, in fact -- and if this would go down because of some of the concerns that we’ve heard from the other side primarily about some of the language here, if that’s the case, we’re willing to stay this weekend and to deal with House Joint Resolution Constitutional Amendment 28 to make sure that the people of Illinois have that opportunity and that right to be heard on an important issue such as this. So, Mr. President, if this does fail, we’re here to stay and do the people’s business. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) President Emil Jones, Jr., our final speaker.

John O. Jones (R)

Thank you, Mr. President. You know, you say you’re being fair to everybody. You know, I didn’t know what -- what you meant by that, being fair to Republicans and Democrats. You should have -- I wish those statements had been made five/ten years ago when we wanted fairness in this Chamber. I’ve always opposed any recall provisions. And I read the transcripts of the Con Con convention. This issue was thoroughly, thoroughly debated. We have a representative form of government. The people elect us to represent them. Sometimes, especially lawmakers have to make tough, tough decisions. You cannot vote 32 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 what is the most -- on the issues that‘s the most popular. Sometimes you may have to take a -- an unpopular vote. It may be a revenue issue. The late and former Governor Ogilvie had the courage -- had the courage to do what was right for the State of Illinois. As a result, he paid the ultimate price. But he did the right thing. Those individuals, including the Speaker, who was part of the Constitutional Convention debated this issue. I heard my counterpart talk about the Lieutenant Governor. At least the Lieutenant Governor owes the people of the State of Illinois the right to tell the truth. As long as I’ve been here, this is the first time I’ve seen any constitutional amendment calling for a recall. So for thirty years he say he’s for it, but nothing -- he never pushed an initiative. So that’s not being truthful with the people of the State of Illinois. It may be unpopular for the Governor to -- to call for insurance for every citizen of the State of Illinois, but I support that concept. I stick with him on that concept. I believe in early childhood education, so I’m joined at the hip with the Governor on those issues. Now, if it’s unpopular with you, if it’s unpopular with some of the House Democrats, that’s terrible. We -- those are the issues we should be debating. We should come together and do a capital program for the people of the State of Illinois. These are the critical issues we should be dealing with. It may be unpopular with certain folks here down in Springfield, but those issues must be dealt with. Dealing with a constitutional amendment for a recall, be it legislative, be it judges, I didn’t know, I thought we had three branches - equal branches of government - the Judiciary, the Executive, and the Legislative Branch of 33 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 government. Those who have to practice before the court, now I understand that. But the provision in there as relate to the judiciary, who are elected by the people, and they make some bad decisions - just like everyone else does, they make some bad decisions. They make tough decisions. So if you as a lawmaker, you as the Governor, have to make those tough decisions, which may be unpopular to some, if you’re calling for yourselves and the Executive Branch to be recalled, then why not the judiciary? Why not? The House sponsor of the House Joint Resolution 28, which they were touting as the great, great thing -- no piece of legislation should ever be aimed at any individual. It’s wrong. It was wrong then; it’s wrong now. It should never do that. And you do it to yourselves, then you don’t deserve to be here. It is a issue that -- it may be popular. I ran for election in 1980 on raising property tax for education. There was those who said, “Oh, you can’t do that, ‘cause the voters will be angry.” But if you go out and tell the voters the truth rather than what they want to hear all the time, then you can be more successful in your endeavors. You got two newspapers in Chicago taking opposing views. Sun-Times taking the right view; the Tribune taking the wrong view. Both did editorials on this issue. But the issue before us is whether or not we’re going to have a vote. And I heard all the rhetoric from the Lieutenant Governor and the House sponsor talking about shenanigans in the Senate and all these other things when they went through the due process in the House, and the Senate has gone through the due process here in the Senate on this constitutional amendment. So I don’t concur with some of the remarks made by individuals on the other side of the aisle as relate to praise an individual, 34 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 as it relate to their actions. If the actions were genuinely sincere, when they moved on the action, they would have moved in a manner which gave this Body equal time to deal with it. If -- if the Rules Committee had not let this bill out -- I want to thank my Rules Committee Chairman for doing her due diligence. It’s wrong - it’s wrong for the press to try to criticize her for doing her job. It’s no -- she’s doing the same job that the Rules Committee Chairman did when the former President, Senator Pate -- Pate Philip, was in charge. So let the issue go up. It’s still bad. It’s a terrible thing to do. In a representative form of government we must make tough decisions. You have not made the tough decision. You are opposed to adequately funding our schools. You are opposed to health care for those who need health care. You stood on the Floor and said so. So did the Democrats in the House. So I don’t join with you and them along those lines. Those are the critical issues we should be debating. The Governor wants it. I stand with the Governor for health care for the people of the State of Illinois, and I wish the sponsor of House Joint Resolution 28 and the other Rep who got a note from the Speaker to come over here, I wish they would stand for those Democratic issues instead of playing games about recall. And be careful as to what you put forth. When you go and attempt to dig a grave someone -- for someone else, make sure you dig one for yourselves, ‘cause that’s what happen. I urge a No vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Cronin, to close.

Dan Cronin (R)

Thank you very much, Mr. President and Ladies and Gentlemen 35 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 of the Senate. Thank you, my colleagues, to a lively and spirited debate. You know, I got to -- I -- I got to tell you, this is not games. Ladies and Gentlemen, this is very, very real. And I would ask that you put your cynicism aside. We’ve all been here for a long time or we’ve been involved in the process enough that there are those that look at this and they have a snicker on their face. This is real. What are we afraid of? Times are changing and we need to change with them. People are not engaged in the process. We are losing a generation of people - young people, not so young people. They’re turned off, they’re frustrated, they’re alienated, they’re disgusted by State government in particular. What are we afraid of? We have a duty to invite the public in. Yes, we are asking for greater scrutiny. Yes, we are inviting the public to hold us to a higher standard, and we should. A Yes vote is for reform. A Yes vote is a demand for responsible, responsive government. And a No vote is to protect the status quo, make no mistake about it. Opponents can hide behind some ivory tower concepts, but State government is hemorrhaging with scandal and corruption. Citizens, taxpayers, schoolchildren - they deserve better. A couple of my colleagues on the other side of the aisle made some remarks I’d like to address. One of my colleagues said, in announcing his opposition, that he’s fearful that we would turn this over to a, quote, “outside entity”, unquote. Well, what’s he talking about? The taxpayers? The voters? Is that the outside entity that we’re -- that you’re afraid of? Another colleague talked about, you know, this isn’t going to be on the ballot till… Wait. Look, if this passes today and this moves along the way it should, by any objective 36 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 standard, this will be on the ballot November of ‘08. Make no mistake about it. Eighteen other states have recall. Most of those states include the judiciary. This rationale that somehow or other this challenges the independence of the judiciary is just -- is -- is a red herring. It’s a rationale. It’s a justification. I’ll -- I’ll hang my hat over here because it’s good, because it gets me off the hook. Well, this is not only necessary, Ladies and Gentlemen, this is essential to the future of State government. We’ve got serious, serious problems in this State. Desperate times demand desperate measures. I ask for a Yes vote.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) The question is, shall Senate -- the -- Senator Cronin moves adoption of -- and approval of Senate Joint Resolution 70. The question is, shall Senate Joint Resolution 70 be adopted and approved. Pursuant to Section 2, Article XIV of the Illinois Constitution, constitutional amendments must be approved by three-fifths votes of the Members elected, thirty-six votes. All those in favor will vote Aye. Opposed will vote Nay. The voting is open. Have all voted who wish? Have all voted who wish? Have all voted who wish? Take the record. On that question, there are 33 voting Aye, 19 voting Nay, and 2 voting Present. Senate Joint Resolution 70, having failed to receive the three-fifths constitutional majority, is declared lost. Senator Righter, for what purpose do you seek recognition, sir?

Dale A. Righter (R)

Thank you very much, Mr. President. Pursuant to Senate Rule 7-9, I would now move to discharge from the Senate Executive Committee further consideration of HJRCA 28 and that 37 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 it be placed immediately on the Calendar of the Order of Constitutional Amendments 1st Reading here in the Senate. Mr. President -- Mr. President, we’ve heard a lot of rhetoric from people on the majority side of the aisle who said that if this one went down that we would get help in moving 28 so that the people would have a voice. We are now asking for that hope.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) I will take it under consideration. Senator Dillard.

Kirk W. Dillard (R)

I was just going to ask for a roll call. I mean, I don’t know, we’ve just been doing the constitutional amendments here. I mean, I don’t think it takes much under advisement. We all know what’s going on and we ought to have a roll call on Senator Righter’s motion.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) I will take it under advisement. Senator Burzynski, for what purpose do you seek recognition, my friend?

J. Bradley Burzynski (R)

Thank -- thank you, Mr. President, for recognizing me. Mr. President, I’ve been gone a couple of days, but I know that behind me, I -- I’m pretty sure I heard Senator Righter make a motion and I think that we owe his motion the opportunity to be heard and have a vote on it. Thank you.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Burzynski, as you know, I am the Presiding Officer today. It is my job to handle the business of the Senate and I will take it under consideration. I answered the gentleman and that’s the only answer that I’m going to give. Senator Righter, my esteemed colleague, for what purpose do you seek recognition 38 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 for a second time, sir?

Dale A. Righter (R)

Mr. President, there’s no question that you are the Presiding Officer today. Having said that, being at that Chair and the Presiding Officer now does not empower you to disregard the Senate rules. There is a motion before the Body right now. It deserves to be addressed now. I’m appealing to you, Mr. President, and to the Senate President to not only follow your rules, but comply with the word that you gave us, that you would help us move this issue forward. There is a motion on the Floor and I am asking the Presiding Officer to address it in accordance with the Senate rules.

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Righter, I gave you my word. We did have a vote on Senate Joint Resolution 70. I voted for it. And the -- your -- your -- the request you just made for me, I told you simply I will take it under advisement, and I shall. Madam Secretary, Resolutions.

Deborah Shipley

Senate Resolution -- I’m sorry, Senate Joint Resolution 99, offered by Senator Halvorson. (Secretary reads SJR No. 99)

Rickey R. Hendon (D)

PRESIDING OFFICER: (SENATOR HENDON) Senator Link moves to suspend the rules -- Senator Halvorson moves to suspend the rules for immediate consideration and adoption of Senate -- House {sic} Joint Resolution 99. All those in favor will say Aye. Opposed, say Nay. And the Ayes it. The rules are suspended. Senator Halvorson moves the adoption of Senate Joint Resolution 99. All those in favor will 39 STATE OF ILLINOIS 95th GENERAL ASSEMBLY REGULAR SESSION SENATE TRANSCRIPT 152nd Legislative Day 5/1/2008 say Aye. Opposed, say Nay. The Ayes have it, and the resolution is adopted. Pursuant to Senate Joint Resolution 99, the Senate stands adjourned until -- until 12:30 on Wednesday, May the -- May the 7th. The Senate stands adjourned. 40